The Supreme Court has set October 22 for a hearing in a case where 16 state governments are challenging the legality of the EFCC, arguing that its formation violated Nigeria’s constitutional requirements. This case could redefine the power dynamics between state and federal authorities.
In a bold legal challenge, the Supreme Court has scheduled October 22 for the hearing of a suit filed by at least 16 state governments seeking to declare the Economic and Financial Crimes Commission (EFCC) and related federal institutions unconstitutional. The states argue that the establishment of the EFCC violates Nigeria’s constitutional provisions, demanding its dismantling.
The suit, originally initiated by the Kogi State Government under Attorney General (AG), was joined by 15 other states, including Ondo, Edo, Oyo, Ogun, Nassarawa, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Benue, Anambra, Plateau, Cross-River, and Niger. A seven-member panel of justices, led by Justice Uwani Abba-Aji, granted the request for the states to be co-plaintiffs and consolidated the cases, ensuring a streamlined hearing.
The crux of the states’ argument is based on the supremacy of the Nigerian constitution, particularly Section 12, which mandates that for any international convention to be incorporated into Nigerian law, it must receive approval from the majority of the Houses of Assembly across the states. The plaintiffs argue that this process was not followed in enacting the EFCC Act, which originated from a UN Convention against corruption. They contend that the EFCC is therefore unconstitutional and has no authority over states that never approved its formation.
The states emphasized that, according to a previous Supreme Court ruling in the case of Dr. Joseph Nwobike Vs the Federal Republic of Nigeria, the EFCC was based on a convention not properly domesticated into Nigerian law. As a result, they are calling for the nullification of the EFCC and related institutions like the Nigerian Financial Intelligence Unit (NFIU).
During Tuesday’s court session, the legal teams representing the states made submissions requesting either to join the case as co-plaintiffs or consolidate their cases. Kogi AG’s counsel, Abdulwahab Mohammed (SAN), informed the court that while 13 states had expressed interest in joining the suit, two states sought consolidation. Justice Abba-Aji granted their requests, paving the way for the upcoming October hearing.
In the originating summons, Kogi State raised six critical questions for determination and sought nine reliefs, including a declaration that the federal government, through the NFIU, lacks the constitutional authority to issue directives or interfere in the management of state funds. They also sought a declaration that neither the EFCC, NFIU, nor any other federal agency could investigate or arrest state officials regarding the administration of state funds.
The outcome of this high-stakes case could have far-reaching implications on the authority of the EFCC and the relationship between state and federal powers in Nigeria.
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